Student Bill of Rights

The Policy Against Sex Discrimination, Sexual Harassment, and Sexual Misconduct


Cazenovia College prohibits all forms of sex discrimination, sexual harassment, sexual violence and sexual misconduct.  Pursuant to Article 129-B, Section 6443, of the New York State Education Law, in matters related to sexual assault, domestic violence, dating violence and stalking, in addition to the Student Rights guaranteed through the Student Code of Conduct, in accordance with the Policy Against Sex Discrimination, Sexual Harassment, and Sexual Misconduct, all students have the right to:

  1. Make a report to local law enforcement and/or state police;
  2. Have disclosures of domestic violence, dating violence, stalking, and sexual assault treated seriously;
  3. Make a decision about whether or not to disclose a crime or violation and participate in the judicial or conduct process and/or criminal justice process free from pressure by Cazenovia College;
  4. Participate in a process that is fair, impartial, and provides adequate notice and a meaningful opportunity to be heard;
  5. Be treated with dignity and to receive from the institution courteous, fair, and respectful health care and counseling services, where available;
  6. Be free from any suggestion that the reporting individual is at fault when these crimes and violations are committed, or should have acted in a different manner to avoid such crimes or violations;
  7. Describe the incident to as few institutional representatives as practicable and not be required to unnecessarily repeat a description of the incident;
  8. Be protected from retaliation by Cazenovia College, any student, the accused and/or the respondent, and/or their friends, family and acquaintances within the jurisdiction of the College;
  9. Access to at least one level of appeal of a determination;
  10. Be accompanied by an advisor of choice who may assist and advise a reporting individual, accused, or respondent throughout the judicial or conduct process including during all meetings and hearings related to such process; and
  11. Exercise civil rights and practice of religion without interference by the investigative, criminal justice, or judicial or conduct process of Cazenovia College.

 
Reporting Individual's Rights

Anyone reporting an incident of sexual assault, domestic violence, dating violence or stalking, has the right to:

  1. Emergency access to a Title IX Coordinator or other appropriate official trained in interviewing victims of sexual assault who shall be available upon the first instance of disclosure by a reporting individual and who can provide information, including:
    • options to proceed, including the right to make a report to Campus Safety (reports to Campus Safety are reported to the Title IX Coordinator), local law enforcement, and/or the New York State Police or choose not to report; to report the incident to the College; to be protected by the College from retaliation for reporting an incident; and to receive assistance and resources from the College, as set forth in the Cazenovia College Sex Discrimination, Sexual Harassment and Sexual Misconduct Policy, which can be found at http://www.cazenovia.edu/student-life/sexual-misconduct-resources;
    • where applicable, the importance of preserving evidence and obtaining a sexual assault forensic examination as soon as possible;
    • that the criminal justice process utilizes different standards of proof and evidence than the College’s judicial procedures and that any questions about whether a specific incident violated the penal law should be addressed to              law enforcement or to the district attorney;
    • whether the person they are reporting to is authorized to offer the confidentiality or privacy;
    • any other reporting options.
  2. If they are a student, to contact the Counseling Center staff or Health Office Nursing staff, where they can be offered confidential resources pursuant to applicable laws/policies and can be assisted in obtaining services; if they are not a student but are otherwise a member of the College community, to contact non-College confidential resources, including:
    • Help Restore Hope Center (855.966.9723)
    • St. Joseph’s Hospital (315.448.5101)
    • University Hospital (315.464-5611)
    • Crouse Hospital (315.470-7111)
  3. Disclose confidentially the incident and obtain services from the state or local government;
  4. Disclose the incident to the College’s Responsible Administrators who can offer privacy or, appropriate cases determined by the Title IX Coordinator, confidentiality, subject the College’s Sex Discrimination, Sexual Harassment and Sexual Misconduct, and can assist in obtaining resources for reporting individuals;
  5. File a report of sexual assault, domestic violence, dating violence, and/or stalking and consult the Title IX Coordinator and other appropriate College personnel for information and assistance.  Reports shall be investigated in accordance with Cazenovia College policy. A reporting individual's identity shall remain private if that is what the reporting individual wishes, however privacy is not the same as confidentiality and private information can be shared as necessary to implement and fulfill the College’s obligations under the law and its Sex Discrimination, Sexual Harassment and Sexual Misconduct Policy;
  6. Disclose, if the accused is a College employee of the institution, the incident to Human Resources or to request that a private employee assist in reporting to Human Resources;
  7. Receive assistance from appropriate College representatives if interested in initiating legal proceedings in family court or civil court;
  8. Withdraw a complaint or involvement from the College processes at any time, with the understanding that in appropriate cases, the College may nonetheless be required to proceed even if the reporting individual does not wish to do so.
  9. The right to be treated with respect and dignity throughout the process.


Responding Individual’s Rights

  1. The right to be presumed not responsible throughout the investigation and adjudication process and subject to the final evaluation of the evidence under a preponderance of evidence standard.
  2. If they are a student, to contact the Counseling Center staff or Health Office Nursing staff, where they can be offered confidential resources pursuant to applicable laws/policies and can be assisted in obtaining services; if they are not a student but are otherwise a member of the College community, to contact non-College confidential resources, including:
    • Help Restore Hope Center (855.966.9723)
    • St. Joseph’s Hospital (315.448.5101)
    • University Hospital (315.464-5611)
    • Crouse Hospital (315.470-7111)
  3. The right to be treated with respect and dignity throughout the process.